The story of how Aspire Australia helped reunite a family.
Their story: Australian citizen Nhung, originally from Vietnam, was diagnosed with a painful medical condition which made it very difficult for her to care for herself. Her sister Lanh, came to spend some time with Nhung and offer her support. It soon became clear that Nhung could not care for herself and she asked Lanh to remain in Australia to support her.
Without the assistance of a migration agent, Lanh applied for a Carer Visa in September 2014 and her application was refused. Disappointed, Lanh and Nhung realised that they needed help!
Recommended to Aspire Australia, Nhung and Lanh put their confidence and trust in us as we committed to help them fight the decision through the Migration Review Tribunal. After much work and documentation, and after a successful day at the hearing, we were able to get the refusal overturned! Due to the quota on the Carer Visa, it was still another two years until Lanh’s visa was granted in April 2018 – to much celebration!
The family then faced another migration challenge – Lanh’s husband and children were still in Vietnam.
Aspire Australia stepped in again – to help arrange a Partner Visa for Lanh’s husband and children. Due to their long-term relationship, they were able to directly obtain Permanent Residence visas within just one year.
The time between Lanh’s initial arrival in Australia and her family joining her was more than five years.
Lanh – we thank you for your patience and confidence that we could achieve the best possible result for your whole family. We loved being there, every step of the way.
Challenges and Solutions
There were several questions Lanh and Nhung had about both the Carer and Partner visas.
- How can I show that Lanh is the only available carer for Nhung?
- What evidence can we provide to demonstrate this?
- The family has not lived together for several years – will Lanh’s husband have difficulty getting a Partner visa?
Challenge One: Initial Carer Visa application rejected
The criteria for a Carer visa is complex with several key factors to be addressed.
Lanh and Nhung had to show that
- there was no other family member able to provide the 24-hour care required, neither her children, sibling or other relatives
- her needs could not be adequately met by health care services
- Lanh was willing and able to provide the required care
Apart from medical documentation, we provided detailed statements from all family members explaining their individual circumstances and showed why they could not provide the care for Nhung. For example, her daughter was undertaking secondary school studies. Her sister had an ill husband of her own to care for. We also showed Lanh’s capacity to provide the care and showed the value of that care being provided to Nhung in her own home.
Both Nhunh and Lanh were able to validate all this information at the Tribunal hearing. We had prepared them in advance for what to expect.
Challenge Two: Bringing family to Australia
Lanh had not lived with her husband for at least three years. Because of the 24-hour care required to be provided to her sister, she had managed few return visits to Vietnam to see her family during this time.
So our challenge here was to demonstrate that despite the passage of time, and their lack of cohabitation, their relationship was still genuine and continuing.
We helped Lanh and her husband gather evidence including
- Evidence of continuing contact with each family member
- Lanh’s participation in decision making in relation to the children
- The long history of the relationship
- Sworn statements from friends and family members attesting to the ongoing nature of the relationship.
If you want to know more about the Partner Visa, we invite you to download our guidebook ‘Reunite with your loved one’ – and receive bonus material that will walk you through the process, step-by-step.
A Happy Outcome
After a few difficult years, Lanh and her family were reunited in Australia.
Nhunh has continued to receive the loving care and support from her sister. Nhung’s daughter has successfully completed her HSC and is in tertiary study, building her own career. Lahn has her family around her and can offer her children the education and opportunities that Australia has to offer.
This is what family reunion means, and we were privileged to be there for the journey.
Let Us Guide Your Migration Journey
We are in it for the long haul.
Our favourite client is the one with whom we can go on a journey. From the very first guided steps, we love to make the complexity of migration simple, by caring for you at each step of the way. And to share the joy when you achieve your dream of living and working in Australia!
At Aspire Australia, we work with many people hoping to bring their family to Australia. With 30 years of experience and 99% success rate, your future with your family, together in Australia, is safe in our hands.
Everyone’s story is different and each situation demands a unique strategy. To obtain your very own step by step MAP: Migration Action Plan, we invite you to book a Discovery Session with our Migration SuperHero, Sarah Gillis.
We look forward to one day sharing your Australian visa story!